КОЛЕКТИВНИЙ ТРУДОВИЙ ДОГОВІР ЯК РЕЗУЛЬТАТ СОЦІАЛЬНОГО ДІАЛОГУ В КОНТЕКСТІ ПРИНЦИПІВ ФАВОРЕМ: ПРИКЛАД ЛИТВИ

Contractual regulation of labour relations through collective agreements is one of the possibilities of social dialogue. In a collective agreement, the parties agree on conditions that are not regulated by laws or other normative acts, or which do not contradict them, and which do not worsen the situation of employees (in favorem (Lat.) – principle in favour of someone). Obligations, provisions, or conditions established in a collective agreement cannot worsen the situation of employees compared to that stipulated by employment contracts and laws. Such conditions that would worsen the employee’s position are invalid. The provision of additional guarantees and rights to employees in a collective agreement almost always depends not only on the results of mutual negotiations, the activity of employer or employee representatives, but also on the financial situation of the enterprise or institution. The purpose of a collective agreement as a source of labour law is to promote the legal regulation of collective labour relations that benefits not only the employee but also the employer. Thus, social dialogue is an effective way to reconcile interests, overcome social challenges, and promote economic progress. The purpose of a collective bargaining agreement as a source of labor law is to facilitate the legal regulation of collective labor relations, which benefits not only the employee but also the employer. Thus, social dialogue is an effective way to reconcile interests, overcome social challenges, and promote economic progress. Problematic question. Why are relatively few collective bargaining agreements concluded in Lithuania, even though Lithuanian laws enshrine collective bargaining agreements on the principle of in favorem, which allows both parties to independently decide on the content of the agreement? The purpose of the article. To analyze the theoretical and practical aspects of a collective agreement as a result of social dialogue in the context of the in favorem principle. Research objectives. 1) To define the concept of social dialogue. 2) To analyze the concept and legal nature of collective bargaining agreements. 3) To reveal the peculiarities of the process of collective bargaining in determining the terms and conditions of collective agreements in the context of the in favorem principle. Research methodology. Analysis of legal acts – analysis of the concepts of social dialogue, collective bargaining, collective agreements; Analysis of scientific literature – analysis of scientific literature that reveals the specifics of collective labor relations; Comparative analysis – comparison of coverage of social dialogue in the EU countries; Generalization – formulation of conclusions. The effectiveness of a collective agreement as a source of labor legislation is evidenced by the quantity and quality of regulatory terms and conditions in a collective agreement. In order to encourage collective bargaining for the conclusion of collective agreements, the legislation of the Republic of Lithuania establishes only advisory legal provisions legitimizing the possibility of agreeing on legal provisions other than those provided for by laws. The freedom and opportunity granted by the legislator to determine the content of collective agreements and related issues implies comprehensive advantages of collective agreements. The content of a collective agreement should be evaluated on the basis of the principle of «for the benefit of» and applied to both parties to the collective agreement. A collective bargaining agreement not only facilitates agreements between employees and employers by providing clarity on labor and environmental issues, but also promotes social dialogue.